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October 2014 MINUTES OF ORDINARY MEETING OF CORK CITY COUNCIL HELD ON MONDAY 13th OCTOBER 2014 PRESENT An t-Ardmhéara Comhairleoir M. Shields NORTH EAST Comhairleoirí S. Cunningham, T. Tynan, T. Brosnan, J. Kavanagh. NORTH CENTRAL Comhairleoirí T. Gould, M. Barry, K. O’Flynn, L. O’Donnell, J. Sheehan. NORTH WEST Comhairleoirí M. Nugent, T. Fitzgerald, K. Collins, M. O’Sullivan. SOUTH EAST Comhairleoirí K. McCarthy, C. O’Leary, D. Cahill, L. McGonigle, T. Shannon, N. O’Keeffe, S. O’Shea. SOUTH CENTRAL Comhairleoirí M. Finn, F. Kerins, P. Dinneen, T. O’Driscoll, S. Martin. SOUTH WEST Comhairleoirí J. Buttimer, H. Cremin, F. Dennehy, P.J. Hourican, T. Moloney. ALSO PRESENT Ms. A. Doherty, Chief Executive. Mr. T. Keating, Meetings Administrator, Corporate & External Affairs. Ms. N. Mulcahy, Administrative Officer, Corporate & External Affairs. Ms. V. O’Sullivan, Director of Services, Corporate & External Affairs. Mr. G. O’Beirne, Director of Services, Roads & Transportation. Mr. D. Buggy, Assistant Chief Executive, Housing & Community. Mr. P. Ledwidge, Director of Services, Strategic Planning & Economic Development & Enterprise. Mr. J. O’Donovan, Director of Services, Environment & Recreation. Mr. D. O’Mahony, Director of Services, Human Resources Management & Organisational Reform. An tArd-Mhéara recited the opening prayer. 1.1 VOTES OF SYMPATHY A vote of sympathy was passed unanimously with An Chomhairle standing in silence to - The McCarthy Family on the death of Tim McCarthy. - The Bonner Family on the death of Jack Bonner. - The Twomey Family on the death of Matt Twomey. - The Hanover Family on the death of Rita Hanover. - The Lynch Family on the death of Ann Lynch. - The O’Brien Family on the death of Declan O’Brien. - The Crowley Family on the death of Kathleen Crowley. 1 1.2 VOTES OF CONGRATULATIONS / BEST WISHES An Chomhairle extended a vote of congratulations to the following:- - Phil Goodman, ‘Douglas Young at Heart’ on the Intergenerational quiz. - Damien Tracey, on his play ‘Warde Street’. - The City Registrar for 40 years of education. - Adam O’Connell on winning 2 silver medals and 1 bronze at the World Championships Kick Boxing Competition. - Dermot Kavanagh, Director of Simon Community, on their week long campaign of awareness of the homeless crises in our communities across Cork City. - Cork Ladies Football team on winning the All Ireland Final. 1.3 LORD MAYORS ITEMS 1.3.1 An t-Ardmhéara indicated her intention to hold the following Civic Receptions and An Chomhairle approved same. Civic Reception for the Red Cross on the occasion of their 75th Anniversary. Civic Reception for the Senior Ladies Football & Camogie Teams. 1.4 CHIEF EXECUTIVE’S ITEMS 1.4.1 REGIONAL WASTE PLANNING MANAGEMENT The Chief Executive briefed An Chomhairle on correspondence circulated regarding the Regional Waste Management Planning. An Chomhairle noted that the draft plans will be published on the 18th November 2014 and a further 2 months of public consultation phase will follow and written submissions will be accepted until 23rd January 2015. 1.4.2 CORK COMMUNITY ART LINK The Chief Executive briefed An Chomhairle on the report of the Director of Services, Corporate & External Affairs tabled at the meeting regarding the proposal to lease the former Lido Cinema, Blackpool to Cork Community Art Link. 2. MINUTES An Chomhairle considered and unanimously approved the minutes of the following:- Ordinary Meeting of An Chomhairle held on the 22nd September 2014. Ordinary Meeting of An Chomhairle held on the 29th September 2014. 3. QUESTIONS COST OF ILLEGAL BONFIRES, DURING PERIOD: MAY/JUNE 2014 In response to the following question submitted by Comhairleoir N. O’Keeffe, a written reply was circulated as outlined below:- 2 Can the Chief Executive please provide the cost of illegal bonfires, during the last seasonal bonfire period: May/June 2014? a) How many incidents of illegal bonfires were reported? b) How much did the clearing of illegal dumping, emergency service call-outs and the clean up cost Cork City Council? c) Was there any damage to public property reported as a result of illegal bonfires? d) What preventative measures were put in place to prevent illegal bonfires and at what cost to Cork City Council? REPLY (a) The Fire Services responded to 96 bonfire call outs (b) The cost of clean ups, primarily removal of bonfire material from greens and open space cost € 18,000. The cost of emergency call outs cost € 2300. (c) Damage was caused to green areas and open spaces (d) The City Council arranged Bulky Goods collections in specified areas across the 6 City Wards during week 13th to 20th June at a cost of € 4200. The City Council’s Parks staff, Litter Wardens, and Cleansing staff monitored known black spots prior to Bonfire Night and arranged removal of material as necessary. At the request of some residents associations, “ No Bonfire” signage was erected in specific areas and letters issued to residents , asking for their cooperation in not having bonfires. The City Council coordinated Summer Fun Nights Programme, held on June 23rd ( Bonfire Night) whereby a number of family friendly fun events are held in public parks across the City , has had a very positive impact in reducing the number of problem fires. This year, over 12,000 attended these events, with the Fire Services and Gardai reporting the lowest ever level of problem incidents. The success of the Programme, has been the cross agency support from the Gardai, Fire Services, and community groups for the initiative each year. The cost of the project in 2014 was € 40,000. Jim O Donovan Director of Services Environment & Recreation 3.2 DOES IRISH WATER HAVE PLANNING PERMISSION TO DIG UP THE FOOTPATHS AROUND CORK In response to the following question submitted by Comhairleoir T. Moloney, a written reply was circulated as outlined below:- Can the Chief Executive tell me if Irish Water have planning permission to dig up the footpaths around Cork and, if so, under what legislation does this come under? REPLY Irish Water is enabled under section 41(2) of the Water Services Act 2007 (and section 7(1) of the Water Services (No 2) Act 2013) for the purpose of providing water services 3 to carry pipes through, across, over, under or along any public road, as well as the repair, alteration, removal or replacement of same. Consent for such works is required from the road authority, except in the case of works relating to metering (section 21(1) of the Water Services Act 2013). The term ‘public road’ is defined in the Roads Act 1993 as a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority, and includes footpaths. No licence is required under the Planning and Development Act 2000 for such works where the consent of the road authority has been obtained. Section 182 of the Planning and Development Act 2000 enables Irish Water to carry out similar works as set out above on any land not forming part of a public road with the land owner’s consent. Pat Ledwidge, Director of Services, Strategic Planning & Economic Development. 3.3 NATIONAL RENT REVIEW In response to the following question submitted by Comhairleoir S. Martin, a written reply was circulated as outlined below:- Can the Chie Executive confirm the outcome of the National Rent Review? Is this due to start on 1st January as previously planned? Is there going to be an increase in rent and how much additional income will derive from this increase? REPLY Cork City Council in line with other local authorities in the country operates a differential rents scheme which sets out the rents to be charged to local authority tenants based on household income. Under the Housing (Miscellaneous Provisions) Act 2014, an amendment to Section 31 of Housing (Miscellaneous Provisions) Act 2009 has been introduced to facilitate the introduction of the new National Rents framework. A commencement date for the charging of Section 31 rents of 1 July 2015 is being suggested. A date of 1st January 2015 had been proposed initially. The circular states that Housing Authorities will make Section 31 rent schemes which will be a reserved function by the end of Quarter 2, 2015 to facilitate the commencement of charging revised rents from 1 July 2015. This date will also mark the beginning of a transitional period for charging section 31 rents with this period to expire on 30th June 2017 so as to facilitate the charging of full section 31 rents from July 1 2017. The amendments to Section 31 are likely to provide local authorities with a level of discretion in respect of the transition to the new rents over the two year period above. The Housing Agency, a government agency set up in May 2010 to support local authorities, approved housing bodies and the Department of the Environment, Community and Local Government in their housing functions, will be issuing guidance to local authorities on the new scheme. 4 Cork City Council have been advised by the Housing Agency that rents from tenants will increase. The charging of full section 31 rents from July 1 2017 could result in additional annual rental income of €3m approximately. As it is suggested that there is likely to be a transitional period for implementation, the increase could be phased in over 3 phases, e.g. 1 July 2015, 1 July 2016 with the final increase applying on 1 July 2017. In 2015, an estimated €500,000 additional rental income might be derived from the Phase 1 implementation. However, until full details regarding the new Rents scheme and implementation dates have been finalised, all estimates and timeframe should be considered as best available at this point in time.
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